Terry, 092619 ARWC, G808341

• Case Date: September 26, 2019
• Court: Kansas

KEVIN TERRY, EMPLOYEE CLAIMANT LEHIGH HANSON, INC., EMPLOYER RESPONDENT NO. 1 LIBERTY INSURANCE CORP./LIBERTY MUTUAL GROUP, INSURANCE CARRIER/TPA RESPONDENT NO. 1 STATE OF ARKANSAS, DEATH & PERMANENT TOTAL DISABILITY TRUST FUND RESPONDENT NO. 2 No. G808341 Arkansas Workers Compensation Before the Arkansas Workers’ Compensation Commission September 26, 2019          Hearing before the Arkansas Workers’ Compensation Commission (the Commission), Administrative Law Judge (ALJ) Mike Pickens, in Little Rock, Pulaski County, Arkansas.           The claimant, Mr. Kevin Terry, Pro Se, Foreman, Little River County, Arkansas, failed and/or refused to appear at the hearing. at the hearing.           Respondent No. 1 was represented by the Honorable Rick, Behring, Jr., Mayton, Newkirk & Jones, Little Rock, Pulaski County, Arkansas.           Respondent No. 2, represented by the Honorable Christy L. King, State of Arkansas, Death & Permanent Total Disability Trust Fund (the Trust Fund), waived appearance at the hearing.           Mike Pickens, Administrative Law Judge.          STATEMENT OF THE CASE          A hearing was conducted on September 25, 2019, to determine whether this claim should be dismissed for lack of prosecution pursuant to Ark. Code Ann. § 11-9-702(a)(4) (2018 Lexis Replacement) and Commission Rule 099.13 (2018 Lexis Replacement). Respondent No. 1’s motion to dismiss and brief in support thereof, which was filed with the Commission on June 24, 2019, as well as a copy of the hearing notice were mailed to the claimant at his addresses of record in accordance with the applicable Arkansas law.          Respondent No. 1’s motion to dismiss, as well as the hearing transcript, contain a succinct, complete, and accurate recitation of the relevant facts. These documents are herein incorporated by reference as set-forth word-for-word herein. For purposes of the record, in addition to the hearing transcript and any and all exhibits contained therein and attached thereto, Respondent No. 1’s original motion to dismiss and brief in support thereof, as well as the Commission’s entire file in this claim, are hereby made a part...